Defer second reading “union-busting” amendment to Trade Unions Act, group says

THE Coalition Against Multiplicity of Unions (CAMU) again urged the Human Resources Ministry (MOHR) to defer the second reading of the amendment to the Trade Unions Act 1959 (TUA).

“TUA is the Government’s principal means of control over organised labour in Malaysia and it extends to the internal affairs of unions, besides regulating union-management relations which favours employers.

“The Industrial Relations Act 1967 (IRA) and the amendment to TUA do not improve industrial relations or provide for a constructive industrial relations environment.

“Instead, it’s about control of unions as if we are some destructive or terrorist-minded organisations bent on destroying the Malaysian economy and cause chaos,” said its newly-minted chairman Rudy Rusly, in a statement.

On March 24, the Government tabled three Bill to address issues pertaining to employment for the first reading.

They were the Trade Unions (Amendment) Bill 2022, the Employees Social Security (Amendment) Bill 2022 and the Employment Insurance System (Amendment) Bill 2022.

The Trade Unions (Amendment) Bill 2022, among others, seeks to amend TUA to remove restrictions on the formation of trade unions based on certain establishments or similarities in trade, occupation or industry to allow for the diversity of trade unions.

On June 12, former chairman of CAMU, the late Zulfakar Mohamed had opposed the amendment and called for it to be deferred until further negotiations with unions.

Touching on the matter, Rudy reiterated his predecessor’s fears over the amendment as it would create multiplicity of trade unions, which can harm the economy.

Bane to workers

“It will also create inter-union and intra-union rivalries, creating industrial strain and conflict that cause industrial disharmony as expounded by the Federal Court in the Kesatuan Pekerja-Pekerja Bukan Eksekutif Maybank Bhd vs Kesatuan Kebangsaan Pekerja-Pekerja Bank & Anor case.

“Plus, the Government had also failed to conduct its regulatory impact analysis (RIA) issued on July 15, 2013, prior to tabling the proposed amendments.

“The RIA clearly stipulates that any proposed new or changes to regulation will involve consultation with stakeholders. Plus, the National Labour Advisory Council (NLAC), a national tripartite body, had also not met in over two years,” Rudy mentioned.

He added that it was essential for stakeholders to remove all restrictions and interferences that has been preventing the increase on the participation of unions.

“That should be the priority, not institute multiplicity that would cause double jeopardy to trade unions and workers,” Rudy stressed. – June 25, 2022

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